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Can I Help My Siblings Immigrate to the United States?

Oct 24 2018

There have been a large number of big changes to immigration law and regulations in recent years. At Talamantes Immigration Law Firm, many of our clients come to us with questions about how they can help their family members immigrate to the United States. While the United States government has made immigration increasingly difficult, it is not impossible for your siblings to immigrate to the United States. We know how difficult it is to be separated from your loved ones, especially if they are living in a country where their safety is a concern. We are here to help you get answers to these important questions.

First, it is unfortunately necessary to set realistic expectations: United States immigration law makes it difficult for siblings to even come for a visit, let alone immigrate here to work and live. However, this process is easier if you are a U.S. citizen. United States immigration rules allow U.S. citizens to petition the government to allow siblings who are 21 and older to come into the United States as a green card holder. This option is unfortunately not available to those who are not citizens but are rather permanent residents or green card holders.

The United States requires some very specific forms of documentation to complete this petition:

A completed Form I-130,

A copy of your and your sibling’s birth certificates which show that you both share at least one common parent, and

Proof of your U.S. citizenship status, such as a passport copy, U.S. birth certificate, Consular Report of Birth Abroad, naturalization certificate, or certificate of citizenship.

Additional documentation is needed for siblings through adoption:

A copy of the adoption decree(s) showing that the adoption took place before you or your sibling (the adopted child) became 16 years old.

If you and your sibling are related through a step-parent, you will also need to submit:

Copies of documents showing that any prior marriage(s) of the natural parent and/or step-parent were legally terminated, and

A copy of the marriage certificate of the step-parent to the natural parent (age restrictions for meeting definition of step-child apply).

Further, if you and your sibling have a common (biological) father but different mothers (i.e. you are paternal half-siblings), you will also need to submit:

Copies of the marriage certificates of the father to each mother, and

Copies of documents showing that any prior marriages of either your father or mothers were legally terminated.

Many of our clients ask us if their sibling can come to the United States to live while their visa petition is pending. Unfortunately, most often the answer is no, however occasionally there are certain exceptions which can apply. It is important you have the services of an experienced immigration attorney who can help you assess the circumstances of your situation to determine if there are quicker ways to get your sibling to the United States.

Need an Immigration Attorney?

At the Talamantes Immigration Law Firm, APC, we know how hard it is to be separated from your family. If you want to bring a sibling to the United States, contact Talamantes Immigration Law Firm, APC, today to learn how our experienced lawyers can help you and your sibling navigate the confusing immigration process.